SENATE BILL 569
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Gerald P. Ortiz y Pino
AN ACT
RELATING TO HEALTH CARE FOR MINORS; AMENDING THE UNIFORM HEALTH-CARE DECISIONS ACT REGARDING MINORS FOURTEEN YEARS OF AGE OR OLDER WHO ARE NOT EMANCIPATED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 24-7A-17 NMSA 1978 (being Laws 1995, Chapter 182, Section 17) is amended to read:
"24-7A-17. SHORT TITLE.--[Sections 1 through 17 of this act] Chapter 24, Article 7A NMSA 1978 may be cited as the "Uniform Health-Care Decisions Act"."
Section 2. Section 24-7A-6.1 NMSA 1978 (being Laws 1997, Chapter 168, Section 13) is amended to read:
"24-7A-6.1. LIFE-SUSTAINING TREATMENT FOR UNEMANCIPATED MINORS.--
A. Except as otherwise provided by law, a parent or guardian of an unemancipated minor may make that minor's health-care decisions.
B. A parent or guardian of an unemancipated minor shall have the authority to withhold or withdraw life-sustaining treatment for the unemancipated minor, subject to the provisions of this section and the standards for surrogate decision-making for adults provided for in the Uniform Health-Care Decisions Act.
C. Subject to the provisions of Subsection B of this section, if an unemancipated minor has capacity sufficient to understand the nature of that unemancipated minor's medical condition, the risks and benefits of treatment and the contemplated decision to withhold or withdraw life-sustaining treatment, that unemancipated minor shall have the authority to withhold or withdraw life-sustaining treatment.
D. For purposes of Subsection C of this section, a determination of the mental and emotional capacity of an unemancipated minor shall be determined by two qualified health-care professionals, one of whom shall be the unemancipated minor's primary physician and the other of whom shall be a physician that works with unemancipated minors of the minor's age in the ordinary course of that physician's health-care practice. If the unemancipated minor lacks capacity due to mental illness or developmental disability, one of the qualified health-care professionals shall be a person whose training and expertise aid in the assessment of functional impairment.
E. If the unemancipated minor's primary physician has reason to believe that a parent or guardian of an unemancipated minor, including a non-custodial parent, has not been informed of a decision to withhold or withdraw life-sustaining treatment, the primary physician shall make reasonable efforts to determine if the uninformed parent or guardian has maintained substantial and continuous contact with the unemancipated minor and, if so, shall make reasonable efforts to notify that parent or guardian before implementing a decision.
F. If there is disagreement regarding the decision to withhold or withdraw life-sustaining treatment for an unemancipated minor, the provisions of Section 24-7A-11 NMSA 1978 shall apply.
[G. For purposes of this section, "unemancipated minor" means a person at or under the age of fifteen.]"
Section 3. A new Section 24-7A-6.2 NMSA 1978 is enacted to read:
"24-7A-6.2. [NEW MATERIAL] CONSENT TO HEALTH CARE FOR CERTAIN MINORS FOURTEEN YEARS OF AGE OR OLDER.--
A. An unemancipated minor fourteen years of age or older who has capacity to consent may give consent for medically necessary health care; provided that the minor is:
(1) living apart from the minor's parents or legal guardian;
(2) the parent of a child; or
(3) in a health-care provider's judgment, in danger of suffering serious health consequences if health care services are not provided.
B. For purposes of this section, "medically necessary health care" means clinical and rehabilitative, physical, mental or behavioral health services that are:
(1) essential to prevent, diagnose or treat medical conditions or that are essential to enable an unemancipated minor to attain, maintain or regain functional capacity;
(2) delivered in the amount and setting with the duration and scope that is clinically appropriate to the specific physical, mental and behavioral health-care needs of the minor;
(3) provided within professionally accepted standards of practice and national guidelines; and
(4) required to meet the physical, mental and behavioral health needs of the minor, but not primarily required for convenience of the minor, health-care provider or payer.
C. The consent of the unemancipated minor to examination or treatment pursuant to this section shall not be disaffirmed because of minority.
D. The parent or legal guardian of an unemancipated minor who receives medically necessary health care is not liable for payment for those services unless the parent or legal guardian has consented to such medically necessary health care; provided that the provisions of this subsection do not relieve a parent or legal guardian of liability for payment for emergency health care provided to an unemancipated minor.
E. Nothing in this section shall otherwise limit an unemancipated minor's rights."
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